COLLECTIVE BARGAINING AGREEMENT. Between INTERNATIONAL UNION OF OPERATING ENGINEERS (HEAVY EQUIPMENT) LOCAL NO And CITY OF CHICAGO

Transcription

1 COLLECTIVE BARGAINING AGREEMENT Between INTERNATIONAL UNION OF OPERATING ENGINEERS (HEAVY EQUIPMENT) LOCAL NO. 150 And CITY OF CHICAGO Effective July 1, 2007 Through June 30, 2017 Ratified by City Council on: December 12, 2007

2 CITY OF CHICAGO AGREEMENT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 150 TABLE OF CONTENTS Page ARTICLE 1 - RECOGNITION... 1 Section Section ARTICLE 2 - MANAGEMENT RIGHTS... 2 Section ARTICLE 3 - NON-DISCRIMINATION... 3 Section 3.1 Equal Employment Opportunities... 3 Section 3.2 No Discrimination... 4 Section Section 3.4 Reasonable Accommodation... 4 ARTICLE 4 - WAGES... 5 Section 4.1 Prevailing Wage Rates... 5 Section 4.2 Prevailing Rate Adjustments... 5 Section 4.3 Non-Prevailing Wage Rates Governing First Five-Years of this Agreement (07/01/2007 to 06/30/2012)... 5 Section 4.4 Non-Prevailing Wage Rates Governing Second Five-Year Term (07/01/2012 to 06/30/2017)... 6 Section 4.5 Retroactivity... 7 Section Section 4.7 Reporting Pay... 8 Section 4.8 Call-In Pay... 9 Section 4.9 Emergency Call Pay... 9 Section 4.10 Inspectors... 9 Section 4.11 Payment of Wages... 9 ARTICLE 5 - HOURS OF WORK Section Section 5.2 Overtime Section 5.2(a) Overtime - Hoisting Engineers and Construction Equipment Inspectors Section 5.3 Overtime Equalization Section 5.4 Clean-Up and Preparation Time i

3 ARTICLE 6 - HOLIDAYS Section Section 6.2 Payment for Holiday Section 6.3 Determining Work Days as Holidays Section 6.4 Failure to Report to Work on Scheduled Holiday Section 6.5 Holiday Observance ARTICLE 7 - VACATIONS Section 7.1 Amount Section 7.2 Pro Rata Vacation Section 7.3 Forfeiture Section Section Section Section 7.7 Non-Consecutive Vacation Days Section ARTICLE 8 - CONTINUOUS SERVICE Section Section 8.2 Interruption in Service Section 8.3 Reciprocity Section 8.4 Break in Service Section 8.5 Probationary Employment Section Section 8.7 Vacancies Section 8.7(a) Posting Section 8.7(b) Bidding Section 8.7(c) Seasonal Employment (Recall) Section 8.7(d) Section 8.7(e) Evaluation Period ARTICLE 9 - GROUP HEALTH, VISION CARE, DENTAL, LIFE AND ACCIDENT BENEFITS Section Section 9.2 Joint Labor Management Cooperation Committee on Health Care Section Section ARTICLE 10 - LEAVES OF ABSENCE Section 10.1 Bereavement Pay Section 10.2 Military Leave Section 10.3 Jury Duty Leave/Subpoena Section 10.4 Sick Leave Section 10.5 Duty Disability Leave Section 10.6 Personal Leave ii

4 Section 10.7 Medical Leave Section 10.8 Union Leave ARTICLE 11 DISCIPLINE AND GRIEVANCE/ARBITRATION Section 11.1 Discipline and Discharge Section 11.2 Procedure For Department Review of Disciplinary Action Including Suspension Section 11.3 Grievance and Arbitration Section 11.4 Conduct of Disciplinary Investigations ARTICLE 12 - NO STRIKES/NO LOCKOUT Section Section Section Section ARTICLE 13 - DUES CHECK-OFF AND FAIR SHARE Section Section Section Section ARTICLE 14 - MISCELLANEOUS Section 14.1 Job Titles Section 14.2 Traditional Work Section 14.3 Jurisdictional Disputes Section 14.4 Deferred Compensation Section 14.5 Rules of Conduct Changes Section 14.6 Safety Section 14.7 Information to Union Section 14.8 Subcontracting Section 14.9 Acting in a Higher Rated Job Section Section Automobile Reimbursement Section Changing Machines During a Shift ARTICLE 15 - LAYOFFS AND RECALL Section ARTICLE 16 - SEPARABILITY Section ARTICLE 17 - UNION REPRESENTATION Section 17.1 Union Stewards Section 17.2 Union Rights Section 17.3 Right of Access iii

5 ARTICLE 18 - DRUG AND ALCOHOL PROGRAM Section 18.1 Policy Statement Section 18.2 Definitions Section 18.3 Disciplinary Action Section 18.4 Drug and Alcohol Testing Section 18.5 Employee Assistance Program ARTICLE 19 - JOINT APPRENTICESHIP AND TRAINING PROGRAM INITIATIVE Section Section ARTICLE 20 - RATIFICATION AND TERMINATION ARTICLE 21 TERM OF AGREEMENT EXHIBIT 1 - APPRENTICESHIP AGREEMENT SIDE LETTER - JOINT APPRENTICESHIP AND TRAINING PROGRAM INITIATIVE: LMCC REFERRAL SIDE LETTER - HEALTH CARE PLAN: LMCC REFERRAL SIDE LETTER - SEASONAL EMPLOYMENT-"EQUAL DIGNITY SIDE LETTER - FOUR 10-HOUR DAY WORKWEEK iv

6 CITY OF CHICAGO AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 150 AGREEMENT This Agreement is entered into by and between the City of Chicago, an Illinois Municipal Corporation (hereinafter called the "Employer") and the International Union of Operating Engineers Local No. 150 (hereinafter called "the Union"), for the purpose of establishing, through the process of collective bargaining certain provisions covering wages, and other terms and conditions of employment for the employees represented by the Union. In recognition of the above, the Employer and the Union agree as follows: Section 1.1 ARTICLE 1 RECOGNITION The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees in the following job classifications: Construction Equipment Inspector Hoisting Engineer Apprentice Hoisting Engineer Hoisting Engineer-In-Charge Foreman of Hoisting Engineers General Foreman of Hoisting Engineers Superintendent of Hoisting Engineers Shop Mechanic (Fleet) Service Mechanic (Fleet) 1

7 The Union is authorized to bargain collectively for such employees with respect to rates of pay, wages, hours and other terms and conditions of employment. The term "employee" as used herein, refers to the above job classifications, unless specified to the contrary. Section 1.2 Effective January 1, 1989, the Steam Roller Engineer title was eliminated and all persons employed as Steam Roller Engineers have had their title changed to Hoisting Engineer, Shop Mechanic (Fleet), or Service Mechanic (Fleet), as appropriate. Section 2.1 ARTICLE 2 MANAGEMENT RIGHTS The Union recognizes that certain rights, powers, and responsibilities belong solely to and are exclusively vested in the Employer, except only as they may be subject to a specific and express obligation of this Agreement. Among these rights, powers, and responsibilities, but not wholly inclusive, are all matters concerning or related to the management of the Employer's operations and the administration thereof, and the direction of the working forces, including (but not limited to) the right to suspend, discipline, or discharge for just cause; to layoff by reason of lack of work, by reason of lack of funds or work, or abolition of a position, or material changes in duties or organization of the Employer's operations, or other 2

8 economic reasons; to hire, classify, transfer and assign work, promote, demote, or recall; to make and enforce reasonable rules and regulations, to maintain order and efficiency; to schedule the hours of work; to determine the services, processes, and extend the Employer's operation, the types and quantities of machinery, equipment and materials to be used, the nature, extent, duration, character and method of operation, including (but not limited to) the right to contract out or subcontract; the right to determine the number of employees and how they shall be employed, and the quality and quantity of workmanship and work required to insure maximum efficiency of operations; to establish and enforce fair production standards; and to determine the size, number and location of its departments and facilities. All of the provisions of this Article are vested exclusively in the Employer, except as expressly abridged by a specific provision of this Agreement. ARTICLE 3 N0N-DISCRIMINATION Section 3.1 Equal Employment Opportunities The Union agrees to work cooperatively with the Employer to insure equal employment opportunities as required by law in all aspects of the Employer's personnel policies, and nothing in this Agreement shall be interpreted to cause a negative effect on said efforts. It is understood and agreed that this Article shall neither affect nor be interpreted to adversely effect the seniority provisions of this Agreement. 3

9 Section 3.2 No Discrimination Neither the Employer nor the Union shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of race, color, religion, national origin, age, sex, marital status, mental and/or physical handicap or activity on behalf of the Union. Section 3.3 Grievances by employees alleging violations of this Article shall be resolved through Step II of the Grievance procedure of this Agreement, but shall not be subject to arbitration unless mutually agreed by the parties. Section 3.4 Reasonable Accommodation In the event the Employer shall be required to make a reasonable accommodation under the Americans With Disabilities Act ("ADA") to the disability of an applicant or incumbent employee that may be in conflict with the rights of an employee under this Agreement, the Employer shall bring this matter to the attention of the union. The provisions of Article 11 of this Agreement shall be available, and the Arbitrator may balance the Employer's obligations under the ADA and this agreement and the employee's rights under this Agreement, provided that no incumbent employee shall be displaced by such decision of the Arbitrator. 4

10 ARTICLE 4 WAGES Section 4.1 Prevailing Wage Rates Effective July 1, 2007, employees covered by this Agreement shall continue to receive the hourly rate being paid to crafts or job classifications doing similar kinds of work in Cook County pursuant to the formula currently used by the United States Department of Labor in administering the Davis-Bacon Act is currently being paid to said employees as set forth in Appendix A appended to and made a part of this Agreement. Section 4.2 Prevailing Rate Adjustments Effective on July 1 of each year of this Agreement beginning in 2007, through the period ending June 30, 2017, the wage rate referred to in the immediately preceding section shall be adjusted to reflect the hourly wage rates effective on such dates being paid to crafts or job classifications doing similar work in Cook County pursuant to the formula specified in Section 4.1 above and as set forth in Appendix A. In the event the hourly wage rates effective July of each year covered by this Agreement are established at an effective date later than July 1, then such rates, when established, shall be paid as of said effective date. In no event will the Employer adjust said wage rates more than one time in any calendar year. Section 4.3 Non-Prevailing Wage Rates Governing First Five- Years of this Agreement (07/01/2007 to 06/30/2012) Effective the following dates, the City will make the wage adjustments below for all employees who are in non-prevailing 5

11 rate classifications and who are either on the payroll as of the effective date or on lay-off with recall rights: Year 1: Effective 07/01/2007 1% Effective 01/01/ % Year 2: Effective 01/01/2009 3% Year 3: Effective 01/01/2010 3% Year 4: Effective 01/01/ % Year 5: Effective 01/01/ % Section 4.4 Non-Prevailing Wage Rates Governing Second Five- Year Term (07/01/2012 to 06/30/2017) Effective the following dates, the City will make the wage adjustments below for all employees who are in non-prevailing rate classifications and who are either on the payroll as of the effective date or on lay-off with recall rights: Year 6: Effective 01/01/2013 2% Year 7: Effective 01/01/2014 2% Year 8: Effective 01/01/2015 2% Year 9: Effective 01/01/2016 2% 6

12 Year 10: Effective 01/01/2017 2% Me Too Clause: If a majority of City unionized employees in non-prevailing wage rate classifications** receive an acrossthe-board percentage increase in their regular base rate of pay in any contract year higher than the increase set forth above in any such year, employees in non-prevailing rate classifications covered by this Agreement shall have their wage adjustment set forth above increased by the difference between the above increase and the higher across-the-board percentage increase in any such year. Similarly, if a majority of City unionized employees in non-prevailing wage rate classifications** receive a lump sum payment in any contract year, employees in nonprevailing rate classifications covered by this Agreement shall receive the same lump sum payment in any such year. The parties agree to confer regarding the timing, amount and implementation of any wage adjustment or lump sum payment under this Section prior to such adjustment being paid. **Exclusive of sworn employees of the Chicago Police Department and uniformed members of the Chicago Fire Department. Section 4.5 Retroactivity The increases set forth in Article 4, Sections 4.1 and 4.3, are payable to affected employees who, as of August 2, 2007, are either on the payroll, or are on approved leave, or are on layoff with recall rights, or are seasonal employees who are eligible for rehire, or are former employees who retired 7

13 effective between July 1, 2007 and the date of final ratification of the Agreement by the City Council, inclusive. Section 4.6 The General Foreman of Hoisting Engineers will receive $0.75 per hour more then a Foreman of Hoisting Engineers and the Superintendent of Hoisting Engineers will receive $1.50 per hour more then a Foreman of Hoisting Engineers in accordance with the provisions of Sections 4.1 and 4.2 and as set forth in Appendix A attached hereto. The Superintendent of Hoisting Engineers will receive $2.50 per hour more than the General Foreman of Hoisting Engineers. Section 4.7 Reporting Pay When an employee reports for his or her regularly scheduled shift, the employee shall receive a minimum of two (2) hours work or pay at the employee's regular straight time hourly rate, unless the employee was told at least three hours prior to his or her normal starting time not to report for work, except for reasons beyond the Employer's control. To be eligible for pay under this provision, employees must advise the designated person within the Department of his or her current telephone number. If the employee works more than two (2) hours, he or she shall receive a minimum of four (4) hours work or pay for that day. If the employee works more than four (4) hours, he or she shall be guaranteed eight (8) hours work or pay for that day. An employee who does not complete a normal eight (8) hour shift because he or she is sent home by the Employer shall have the 8

14 option of using a portion of accrued vacation, personal or compensatory time for that day upon notice to the Employer. Section 4.8 Call-In Pay Employees called in for work outside their regular working hours shall be compensated for not less than four (4) hours at the applicable overtime rate in accordance with the historical and traditional practices of the Employer and the Union. Section 4.9 Emergency Call Pay In the event a General Foreman or Foreman is directed by the Employer to respond to emergency calls from home and outside of his or her regular working hours, he or she will be granted compensatory time at the appropriate rate for all verified time spent responding to the emergency from home, with a minimum of 15 minutes of compensatory time to be granted in any calendar day on which any such emergency responses were required, up to a maximum of two hours of compensatory time in any calendar day. Section 4.10 Inspectors Inspectors employed under this Agreement shall receive the Foreman's rate of pay provided for in the Agreement(s) referred to in Sections 4.1 and 4.2 above. Section 4.11 Payment of Wages (a) All regular base wages will be paid to employees not later than the next regular pay day following the end of the payroll period in which it is earned. All overtime or premium pay shall be paid to employees not later than the second regular pay day following the end of the payroll period in which it is earned. In the event of an 9

15 arbitration involving a dispute arising solely under this Section, the losing party will pay the entire amount of the arbitrator s fee. (b) In the event an employee's pay check, at the time specified in paragraph (a) above, fails to include all of the regular base, overtime and/or premium pay to which he/she is entitled, the Department will correct that shortage provided the employee promptly notifies the Department's timekeeper in writing. Employees shall submit a payroll dispute to the Department timekeeper on the Employee Payroll Inquiry Form attached hereto as Appendix B. The employee s submission of such Form shall toll the period for processing a grievance filed by the employee or Union over such dispute. If the Department concludes that there is a shortage in the employee's paycheck, and if the amount in question exceeds $100.00, the Department will submit a supplemental payroll to the Comptroller to cover the shortage, and will issue the employee a check in that amount on the next scheduled check/deposit advice delivery date after the timekeeper is notified of the employee's complaint. Shortages less than $ will be added to the employee's next regular pay check. (c) Should an employee not receive this supplemental check (for a sum greater than $100.00) within the aforementioned check/deposit advice delivery date period, the Employer will pay to the employee the sum of $5.00 for every pay 10

16 period thereafter until the full supplemental check is received. (d) It is understood that pay shortages relating to newly-hired employees, persons returning from leaves of absence (including but not limited to duty disability), overtime earned under the City's emergency snow removal program, and inaccuracies due to changes in payroll deductions, are excluded from the provisions of this Section. This paragraph does not supersede any other payment obligations with respect to the payments referred to in this paragraph which may be contained elsewhere in this Agreement. (e) In order to provide a basis for ongoing discussion concerning the City's payroll practices, the parties will form a Labor Management Committee consisting of four (4) persons appointed respectively by the City and by the Coalition. The City's members of the Committee will consist of representatives from the Department of Personnel, the Office of Budget and Management, the Comptroller and the Director of Labor Relations. The Coalition, as it shall determine, shall select four (4) representatives to serve as members of the Committee. The Committee will meet not less than quarterly, or more frequently as the need may arise, to review ongoing issues regarding payroll, compliance with this Section, or other issues of mutual concern which may arise during the life of the parties' Agreement. In addition, at the request of the Coalition, the City may include from time-to-time a 11

17 representative of the Coalition at the Comptroller s weekly staff meetings with Department heads to review and address pending payroll inquiries from bargaining unit employees. Section 5.1 ARTICLE 5 HOURS OF WORK This Article shall be to calculate overtime and shall not be a guarantee of work or hours any day or week. The normal work week shall consist of five (5) consecutive 8-hour days Monday through Friday and two (2) consecutive days off. The work week shall be a regular recurring seven (7) day period beginning at midnight (12:00 a.m.) Sunday and ending at midnight (11:59 p.m. Saturday) the following Sunday. The starting times of Inspectors and Hoisting Engineers currently vary between the hours of 7:00 a.m. to 8:00 a.m., 3:00 p.m. and 6:00 p.m. as determined by the Employer. Notwithstanding the foregoing, it is agreed that the Employer may change the established starting time of the Monday through Friday work day for a department, bureau, work unit, crew or individual upon fourteen (14) days written notice to the Union and affected employees, and discussion with the Union. Said starting times shall not be scheduled more than two (2) hours before the regular starting times currently in effect in this Agreement. All such changes, unless otherwise agreed to by the parties, shall be in effect for a minimum of one (1) week, and shall provide for the same starting times each day of that 12

18 period. No employee shall be placed on a split shift without agreement by the Union. Failure to comply with this provision shall result in the payment of appropriate premium time to affected employees. Section 5.2 Overtime Overtime and premium pay shall be defined and paid in accordance with the provisions contained in this Agreement. All overtime shall be paid in the next regular paycheck. Section 5.2(a) Overtime - Hoisting Engineers and Construction Equipment Inspectors All work performed in excess of forty hours per week or after eight (8) hours worked in any 24 hour period should be considered overtime and paid for at the rate of two (2) times the regular straight time rate provided the employee completes the normal work week or is absent with the Employer's permission. All work performed on Saturday or Sunday, or the sixth or seventh consecutive day worked, shall be paid for at two (2) times the regular hourly rate of pay. Such overtime shall be computed on the basis of completed fifteen minute segments. Employees exempt from the Fair Labor Standards Act shall not be eligible for overtime under this Section. There shall be no pyramiding of overtime and/or premium pay. Daily and/or weekly overtime and/or premium pay shall not be paid for the same hours worked. Section 5.3 Overtime Equalization 13

19 A reasonable amount of overtime and/or premium time shall be a condition of continued employment. Overtime and/or premium time referred to in this Agreement shall be offered first to the employee doing the job. All overtime will be distributed as equally as feasible over a reasonable period of time among the employees within the same classification and within the same department. Section 5.4 Clean-Up and Preparation Time Notwithstanding any current practice of the parties to the contrary, the Employer reserves the right to schedule clean up work as required in its determination, and is not required to schedule that work on overtime unless it shall so decide. The City s current practice with respect to the scheduling of preparation work for certain machines one-half hour prior to the start of the regular shift will continue for the life of this Agreement. Section 6.1 ARTICLE 6 HOLIDAYS (a) Full time hourly employees shall receive eight hours straight time pay for the holidays set forth below: 1. New Year's Day 2. Dr. Martin Luther King's Birthday 3. Casimir Pulaski Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Columbus Day 8. Thanksgiving Day 9. Christmas Day 14

20 (b) Full-time salaried employees shall receive the following days off without any change in their regular salary: 1. New Year's Day 2. Dr. Martin Luther King's Birthday 3. Casimir Pulaski Day 4. Lincoln's Birthday 5. Washington's Birthday 6. Memorial Day 7. Independence Day 8. Labor Day 9. Columbus Day 10. Veterans Day 11. Thanksgiving Day 12. Christmas Day (c) Employees covered by this Agreement including probationary employees shall be entitled to one (1) paid personal day in each year of this Agreement. At the employee's option, the personal day may be scheduled in accordance with the vacation selection procedures set forth in Article 7 of this Agreement. If the employee elects not to schedule said personal day in advance under the vacation selection procedures as provided above, such day shall be designated by the employee and shall not be denied by the Employer. If the employee is required or allowed to work on such designated day, the employee shall receive the appropriate holiday premium rate. An employee may elect to carry over the personal day to the following calendar year provided such carry over shall not exceed five (5) personal days. Employees may not designate such personal day in connection with an existing holiday, Good Friday, or a vacation schedule unless requested by the employee upon ten (10) days written notice and approved by the Employer. New employees who 15

21 commence work for the Employer after June 30 shall not be eligible for this personal day until the following calendar year. (d) The benefits set forth in (a),(b) and (c) above shall be paid provided the employee is in pay status the full scheduled work day immediately preceding and the full scheduled work day immediately following work on one or both of those days with the Employer's permission; such permission shall not be unreasonably denied. Section 6.2 Payment for Holiday If an employee is scheduled to work on a paid holiday under this Agreement, except for Christmas, New Year's Day, and Dr. Martin Luther King's Birthday, he/she shall be paid at the rate of two and one-half (2 1/2) times his/her regular hourly rate (which includes holiday pay) for all hours worked. An employee working on Christmas, New Year's Day and Dr. Martin Luther King's Birthday shall be paid at the rate of two (2) times his/her regular hourly rate (which includes holiday pay) for all hours worked plus 8 hours off with pay (compensatory time) if the employee is a full-time employee and pro rata time off if the employee is a part-time employee. If a full-time hourly employee is not required to work on a paid holiday under this Agreement, such employee shall be paid eight (8) hours at his/her regular straight time hourly rate for such holiday. 16

22 All holiday time shall be considered time worked for the purposes of computing overtime except where the holiday falls on the employee's day off. If an employee is called in to work on a holiday, he shall be guaranteed eight (8) hours work. Section 6.3 Determining Work Days as Holidays A holiday is the calendar day running from midnight to midnight. An employee whose work day extends over parts of two (2) calendar days, one of which is a holiday, shall be considered to have worked on the holiday if the majority of the hours worked fall on the holiday. Section 6.4 Failure to Report to Work on Scheduled Holiday If an employee is scheduled to work on a holiday and fails to report to work, the employee shall forfeit his/her right to pay for that holiday unless his/her absence is due to illness, injury, or other emergency. Section 6.5 Holiday Observance Except for employees whose regularly scheduled workweek includes Saturday and/or Sunday, said holidays as referred to in Section 6.1 which fall on Saturday will be observed on Friday before the holiday; said holidays as referred to in Section 6.1 which fall on Sunday will be observed on Monday after the holiday. For employees whose regularly scheduled work week includes Saturday and/or Sunday, said holidays as referred to Section 6.1 which fall on either Saturday or Sunday will be observed on that day. 17

23 Whenever said holiday falls during an employee's vacation period the Employer shall have the option of granting the employee an extra day's pay or an extra day of vacation at a time mutually agreed upon between the employee and the department head, provided the employee works the full scheduled workday immediately preceding and the full scheduled workday immediately following such vacation period, unless such absence is with the Employer's permission. Such permission shall not be unreasonably denied. Section 7.1 Amount ARTICLE 7 VACATIONS Employees shall be eligible for paid vacations as of January 1 of each year following the year in which they were employed. An employee will earn the following amounts of paid vacation, based on such employee's continuous service prior to July 1, following his/her January 1 eligibility. Continuous Service Prior to July 1 Less than 6 years 6 years or more, but less than 14 years Vacation 13 days 18 days 14 years or more 23 days After 24 years After 25 years 24 days 25 days 18

24 Section 7.2 Pro Rata Vacation An employee shall be eligible for pro rata vacation if: 1. The employee did not have twelve (12) months of continuous service in the preceding calendar year and is on the payroll as of January 1 of the current calendar year; or 2. The employee was separated from employment, other than for cause, during a calendar year in which the employee did not have twelve (12) months of continuous service. The amount of pro rata vacation is determined by dividing the number of months of continuous service the full-time employee worked in the previous/current calendar year, whichever is applicable, by 12; the resulting figure is multiplied by the amount of paid vacation for which the employee is eligible in Section 7.1 above. Any fraction is rounded off to the nearest whole number of days. Employees separated from employment, other than for cause, will be paid on a supplemental payroll as soon as practicable following the last day worked. Part-time employees who work at least 80 hours per month earn vacation or a pro rata basis calculated in accordance with the formula used by the Employer in accordance with past practice. Section 7.3 Forfeiture All earned vacation leave shall be forfeited unless (1) the employee was denied vacation by the employer, or (2) the employee is on an approved leave of absence, or (3) the employee elects in writing to carry over up to three such vacation days for use individually or consecutively during the next vacation 19

25 year, provided that notice of such election shall be given to the employer before December 15 of the vacation year. Such carry over vacation days must be scheduled upon mutual agreement of the employer, which agreement shall not be unreasonably denied or withheld, and such carry over days must be taken on or before April 30 of the next vacation year (or within six (6) months, in the case of an employee s return from an approved leave of absence). Employees on duty disability shall retain any vacation leave earned prior to being placed on duty disability leave, together with all vacation time earned during the period of duty disability for the twelve (12) months following the date in which the person became disabled, and shall be entitled to use such vacation time within twelve (12) months following their return to work. Section 7.4 Employees who are terminated for cause are not entitled to any vacation pay not taken. Employees shall not earn vacation credit for any period during which they are on layoff or leave of absence without pay in excess of 30 days (except where such leave was adjudged eligible for duty disability) or engaged in conduct in violation of Article 12 of this Agreement. In the event of the death of an eligible employee, the surviving widow, widower or estate shall be entitled to any vacation pay to which the deceased employee was entitled. Section 7.5 The rate of vacation pay shall be computed by multiplying the employee's straight time hourly rate of pay in effect for 20

26 the employee's regular job at the time the vacation is being taken, times 8 hours per day, times the number of days vacation to which the employee is entitled. Salaried employees shall receive their regular salary in effect at the time the scheduled vacation is taken. Section 7.6 Vacation picks will be granted by classification seniority, provided however, the Department Head shall have the right to determine the number and scheduling of crews and employees who can be on vacation at any one time without hindering the operation of the Department. The Department will not designate any time or period during the calendar year when eligible employees would be prohibited from scheduling and taking vacation time. Employees shall make vacation picks at a time and in the manner currently provided for by their Department. The Department will respond to the employees' request for specific vacation dates within a reasonable period of time after the request is made, but not more than fourteen (14) days from the date the request is received by the Department, except in cases where the request is made for a vacation to be scheduled within fourteen (14) days. The Department will not arbitrarily cancel an approved vacation selection absent a severe emergency situation caused by an act of God (e.g., snow, flood, storms), a severe manpower shortage which may seriously hinder the Department's operations, or where an employee possesses a unique skill indispensable to the immediate performance of a 21

27 Department's operation. Any such cancellation of the vacation pick shall result in the payment of the vacation pay (thereby reducing the total of the employee s accrued vacation time) plus payment to the employee of the appropriate pay rate for all hours worked as if it were a normal work day, or for a normal work day, whichever is greater, unless the employee voluntarily agrees to reschedule the vacation days lost. Cancellation of approved vacation requests which would result in serious provable financial loss to an employee shall occur only in the most extreme emergencies. In the event of such cancellation, the Employer will reimburse the employee for reasonable losses incurred as a direct result of the cancellation, (e.g., cost of rescheduling airline tickets, deposit forfeitures, and the like). Section 7.7 Non-Consecutive Vacation Days Employees may receive up to five of their vacation days one or more day(s) at a time as days off in each year. Such days off shall be scheduled pursuant to Section 7.6 above. Such day(s) off shall be approved by the employee's supervisor and such approval shall not be unreasonably withheld. If the employee seeks such days so late in the vacation year that the employee's supervisor cannot reasonably grant the employee's request, such days shall be scheduled by the Employer prior to the year-end. Employees may designate and use at their option up to five (5) of their vacation days in each year of this Agreement as sick days to cover periods of bonafide medical illness. 22 The

28 Employer reserves the right to ask the employee to furnish proof of said illness. An employee desiring to use vacation days as sick days under this provision shall inform the representative of the Employer who employees are told is designated for such purposes of that fact at the time he/she calls in to report an illness. Salaried employees who currently are receiving sick days under this Agreement shall be ineligible to use vacation days as sick days while they have available unused sick days. Section 7.8 Any Employee of the City of Chicago hired prior to February 13, 1986 who has rendered service to the County of Cook, the Chicago Park District, the Chicago Housing Authority, the Forest Preserve District, the Metropolitan Sanitary District of Greater Chicago, the State of Illinois, the Chicago Board of Education, the City Colleges of Chicago, Community College District 508, the Chicago Transit Authority, the Public Building Commission of Chicago, the Chicago Urban Transportation District, and the Regional Transportation Authority, shall have the right to have the period of such service credited and counted for the purpose of computing the number of years of service as an employee of the City for vacations, provided that such service has been continuous service. However, vacation time accrued while working for another public agency is not transferable. Employees hired after February 13, 1986 who render service for any other employer as stated above shall have the right to have the period of such service credited and counted for the purpose 23

29 of computing the number of years of service as an employee of the City for vacations, provided a majority of other employees of the Employer receive such credit. Section 8.1 ARTICLE 8 CONTINUOUS SERVICE Continuous service means continuous paid employment from the employee's last date of hire, without a break or interruption in such paid employment. In addition, an employee earns continuous service credit even though he or she is not paid for: 1. An unpaid leave of absence of one year or less or layoff of 30 days or less; or 2. An absence where the employee is adjudged eligible for duty disability compensation. Section 8.2 Interruption in Service (a) Non-seasonal employees who work a minimum of eighty (80) hours per month shall be credited with continuous service for the time worked. Continuous service credit will not be earned for: (1) absences without leave (2) absences due to suspension (3) unpaid leaves of absence for more than 30 days or layoff for more than (30) days, unless employees are allowed to accumulate seniority under this Agreement. 24

30 (b) Seasonal employment of 120 days or less in any calendar year shall not be credited toward continuous service for the time worked. (c) Seasonal employment in excess of 120 days in any calendar year shall be credited toward continuous service. Section 8.3 Reciprocity Employees hired prior to February 13, 1986 who have rendered service to the County of Cook, the Chicago Park District, the Forest Preserve District, the Chicago Housing Authority, the Metropolitan Sanitary District of Greater Chicago, the State of Illinois, the Chicago Board of Education, City Colleges of Chicago, Community College District 508, the Chicago Transit Authority, Public Building Commission of Chicago, the Chicago Urban Transportation District and the Regional Transportation Authority shall have the period of such services credited and counted for the purpose of advancement within longevity salary schedules. However, employees hired after February 13, 1986 who render service for any other employer as stated above shall have the right to have the period of such service credited and counted for the purpose of advancement within longevity salary schedules provided a majority of other employees of the Employer receive such credit. Section 8.4 Break in Service Notwithstanding the provisions of any ordinance or rule to the contrary, continuous service of an employee is broken, the employment relationship is terminated, and the employee shall have no right to be rehired, if the employee quits, is 25

31 discharged, retires, is absent for five (5) consecutive work days without notifying the employee's authorized Employer representative unless the circumstances preclude the Employee, or someone on his behalf, from giving such notice, does not actively work for the Employer for twelve (12) months (except for approved full time Union representative leaves or medical leaves of absence and duty disability leaves), or is on layoff for more than twelve (12) consecutive months if the employee has less than five (5) years of service at the time of the layoff, or is on layoff for more than two (2) years if the employee has five (5) or more years of service at the time of the layoff. Section 8.5 Probationary Employment New employees will be regarded as probationary employees for the first six (6) months of their employment and will receive no seniority or continuous service credit during such probationary period. Probationary employees continuing in the service of the Employer after six (6) months shall be career service employees and shall have their seniority made retroactive to the date of their original hiring. Probationary employees may be disciplined or discharged as exclusively determined by the Employer and such Employer action shall not be subject to the grievance procedures, provided that, if the Employer, within its discretion, rehires a former employee who did not complete his/her probationary period within one (1) year from the employee's termination, and said former employee had served ninety (90) days or more of his/her probationary period, all time previously served in the probationary period shall be 26

32 counted for purposes of determining when the said employee completes his/her probationary period. A probationary employee who has served ninety (90) days or more of his/her probationary period and who is laid off shall be given preference over other applicants for employment in the same job title in the department from which he/she was laid off, so long as he/she does not refuse an offer of employment, and does not suffer a break in service under Section 8.4 of this Agreement. Probationary employees shall not be eligible for dental or vision insurance but shall receive all other benefits under this Agreement. Probationary employees shall be compensated at the same rate as career service employees. Section 8.6 A seasonal employee is an employee who is employed in a job title for a period not to exceed 180 calendar days for temporary work related to or caused by seasonal needs. Such appointments shall expire automatically at midnight on the 180th day. Such employees may be reappointed for temporary work related to or caused by seasonal needs, with the written concurrence of the Budget Director and Commissioner of Personnel, to an additional thirty-day term which shall expire at midnight of the 30th day. One further said thirty-day reappointment for the same purposes may be made upon similar Budget Director and Commissioner of Personnel approval. The Employer shall notify the Union of the number and job titles of any such reappointments. It is 27

33 understood and agreed that the hiring and retention of seasonal employees shall be at the discretion of the Employer. Seasonal appointees shall not become Probationary Career Service or Career Service employees by virtue of length of service in a seasonal appointment. Seasonal employees shall not be eligible for holidays, vacations, sick leave for salaried employees, vision care, dental, life and accident benefits, bereavement pay or jury duty, but will be provided with group health insurance under the same eligibility and conditions as other employees covered by this Agreement, except that elective medical care and preexisting conditions, as those terms are defined in the standard group insurance policy, shall be excluded. Seasonal employees shall be compensated at the same rate as career service employees. Seasonal employees may be disciplined or discharged as exclusively determined by the Employer and such Employer action shall not be subject to the grievance procedures. Seasonal employees shall be eligible for recall to seasonal positions in which they have accumulated either (a) four (4) months of said seasonal service during the winter season, or (b) five (5) months of said seasonal service from and after July 1, 1983, provided that such employees: 28

34 (1) shall not have received a negative evaluation during their last seasonal appointment and shall not have received (a) more than one written warning or (b) a disciplinary suspension in any Employer position; (2) shall be available, fit for duty and subject to the same pre-employment screening procedures as are new applicants for employment when recalled, and shall have the present ability without further training to immediately perform the duties of the position to which they are recalled; (3) shall not refuse recall. Upon recall, the employee shall promptly notify the Employer of his/her desire to return to work and shall be available to report for employment within seventy-two (72) hours of said notice or the employee shall be deemed to have refused recall; (4) shall have been recalled within one year of the expiration of their last seasonal employment; and (5) shall not have resigned or incurred a break in service during a period of appointment. Employees who do not meet and continue to meet all of the five (5) conditions stated above, shall have their names permanently removed from the recall list. 29

35 Evaluations shall not be subject to the grievance procedure, except that the Employer shall not, after January 1, 1985, give a seasonal employee a negative evaluation for an arbitrary or capricious reason for the purpose of preventing the employee from becoming eligible for recall under this Section, and, only to that limited extent may such Employer action be subject to grievance. A seasonal employee who is hired on an annual recurring basis within one year of his/her last termination; and who accumulates twelve (12) months of said seasonal service from and after July 1, 1983, shall not be a career service employee but shall receive the benefits under this Agreement which are given to probationary employees. Effective January 1, 2001, a seasonal employee who is hired on an annual recurring basis within one year of his/her last termination, and who accumulates 12 months of said seasonal service, shall receive the benefits under this Agreement which are given to career service employees, and shall remit full contributions toward their health care coverage as set forth in Article 9 below. Effective January 1, 2001, seasonal employees with less than 12 months of seasonal service will continue to receive their current benefit package, but will pay a pro-rata share of the full contribution toward their health care coverage. The 30

36 amount of that contribution shall be approximately 90% of the employee medical contribution for career service employees. For example, the contributions at selected salary levels per pay period are as follows: ANNUAL SINGLE EMPLOYEE +1 FAMILY SALARY % % % Up to $30,000 $12.50 $19.00 $22.00 $30,001 $12.72 $19.55 $24.38 $40,000 $15.42 $23.70 $29.56 $50,000 $19.28 $29.62 $36.95 $60,000 $23.13 $35.54 $44.34 $70,000 $26.99 $41.47 $51.73 $80,000 $30.84 $47.39 $59.12 Maximum rate $34.74 $53.37 $66.56 Effective July 1, 2006, these contributions at selected salary levels per pay period will be adjusted as follows: ANNUAL SINGLE EMPLOYEE +1 FAMILY SALARY % % % Up to $30,000 $12.50 $19.00 $22.00 $30,001 $14.54 $22.34 $27.86 $40,000 $19.39 $29.78 $37.15 $50,000 $24.23 $37.22 $46.43 $60,000 $29.07 $44.68 $55.72 $70,000 $33.92 $52.12 $65.01 $80,000 $38.76 $59.56 $74.30 $90,000 $43.52 $67.01 $83.58 $100,000 $48.46 $74.46 $92.87 Effective upon ratification, in the event the Employer intends to impose a disciplinary suspension with respect to a seasonal employee with at least five (5) years of seasonal service, as defined herein, and where the suspension would result in a loss of pay for the employee, prior to imposing the suspension, except in an emergency or where the employee is 31

37 unavailable, the Employer shall notify the employee and the Union and, upon request from the Union, will schedule a meeting with the Union and the employee. At the meeting the Employer will notify the employee and the Union of the contemplated disciplinary action and the reason(s) underlying it. The employee and the Union will be given the opportunity to respond to the accusations at the meeting. This meeting shall be informal and there shall be no witnesses present unless both parties agree. The Employer may, at its option, conduct further investigation after this meeting. In the event discipline is imposed it shall not be subject to the grievance procedure, as nothing in this provision shall be deemed as altering the non- Career Service status of seasonal employees. This provision shall not apply where the suspension is the result of application of progressive discipline for violation of the Employer s time and attendance policies, provided that the Employer shall, upon request, provide the Union with copies of the employee s time and attendance record. Upon request by either party made after one year from the date of ratification of this Agreement, the parties shall meet to discuss any proposed changes to this Section 8.6. Section 8.7 Vacancies Section 8.7(a) Posting The posting of an Employer-determined vacancy shall be for 14 days. When a vacancy occurs, the Employer shall provide notice to the Union prior to but no later than the day of the posting of the vacancy. 32

38 Section 8.7(b) Bidding Qualified bargaining unit employees shall be given an opportunity to bid on jobs which pay equal or higher rates of pay and which are declared vacant by the Employer. The Employer shall select the most qualified applicant, provided that an employee applicant (bidder) shall have preference over a nonemployee applicant, unless the non-employee applicant has demonstrably greater skill and ability to perform the work required. Where bidders are relatively equally qualified, the Employer shall select the most senior bidder (time in title). The Employer shall determine whether bidders are relatively equally qualified based upon such evidence as performance evaluations, experience, training, proven ability and similar criteria. Section 8.7(c) Seasonal Employees Active seasonal employees who have recall rights under Section 8.6 of this Agreement shall have the same rights and preferences in bidding on jobs as career service bargaining unit employees. Inactive seasonal employees who have recall rights under Section 8.6 of this Agreement shall be given preference for hire over non-employee applicants, unless the non-employee applicant has demonstrably greater skill and ability to perform the work required. Where inactive seasonal employee applicants with recall rights under Section 8.6 are relatively equally qualified, the Employer shall select the most senior seasonal 33

39 employee (time in title). The Employer shall determine whether seasonal employee applicants are relatively equally qualified based upon such evidence as performance evaluations, experience, training, proven ability and similar criteria. Section 8.7(d) Ties in seniority will be broken by lottery. Section 8.7(e) Evaluation Period The successful bidder for any jobs under this Section shall have an evaluation period, not to exceed sixty (60) days, to demonstrate that he or she can perform the job. If the Employer has just cause based upon the employee s job performance at any time during that period to believe that the successful bidder cannot perform the job, then the successful bidder shall be returned to the job he/she held just prior to the awarding of the bid, displacing, if necessary, any employee who has been placed into said job. Section 9.1 ARTICLE 9 GROUP HEALTH, VISION CARE, DENTAL, LIFE AND ACCIDENT BENEFITS a) The Employer shall provide to employees and their eligible dependents Group Health, Vision Care, Dental, Life ($25,000) and Accident benefits as provided to a majority of other employees of the City under the same terms and conditions applicable to said other employees, provided further, said benefits shall be at no cost to employees and their eligible dependents. 34